Monday 22 January 2018

Man who kicked women in head escapes jail

Judge Barry Hickson.
Judge Barry Hickson.

A young man who kicked two women in the head was told by Judge Barry Hickson at Wexford Circuit Court that while he deserves to go to jail, he is being given a chance.

22-year-old Barry Harpur, of 4 Lee Heights, Wexford, who had previously pleaded guilty to assaulting the two women by kicking them in the head at Monck Street in Wexford in March 2012, had his case further adjourned to enable him to bring more money into court by way of compensation for his victims.

Prosecuting Counsel, Sinead Gleeson, said the defendant had previously pleaded guilty to three counts, one of violent disorder and two of assault causing serious harm. She said the injured parties, two women, were walking in the Monck Street area in the town when they were attacked by the accused and two other females.

Ms Gleeson said the defendant had €1,050 in court and that there was also a Probation and Welfare report before the court. It had been previously directed that the money be divided between the injured parties. The court had indicated an expectation that the defendant pay €2,000 by the last week of November with a further €2,000 within the following twelve months, making a total of €4,000.

Defence Counsel, James Peart, said that initially the defendant had paid €1,050 but was then directed to pay a further €2,000 within twelve months. In January €1,050 was paid while today he has a further €400 in court. He also said that the defendant had screened clear of hash.

The defendant, said Mr. Peart, had worked on scaffolding until summer 2014 and is now working as a labourer on a project to build schools in New Ross. He will now be in a position to come up with further compensation.

Judge Hickson said the defendant had not co-operated with the Probation and Welfare services as directed. Mr. Peart resonded that his client is working on building sites and simply cannot get free time.

A tearful Barry Harper in evidence told Judge Hickson he could not attend the Probation and Welfare services owing to work but if given the chance he would now attend. He said he worked from 7.30 a.m. to 5.30 p.m.'I don't want to go to jail. If given a chance I will co-operate with the Probation and Welfare services,' he said.

Judge Hickson told the defendant: 'You were in court, heard the victim impact statements of the two girls, and the effect this had on them. You heard what they had to say about their injuries.'

Judge Hickson said the girls spoke of their fear of now visiting their town, and walking around in town. These girls do not have private health insurance and one of them needs further dental treatment costing €5,000.

One of the girls said: 'I can no longer go to my home town for fear of this happening again.'

Judge Hickson told the defendant that instead of sending him to jail he would give him every chance to co-operate with the Probation and Welfare services.

He said he would adjourn the matter to February, 2016, on condition that he has a further €2,500 in court by November 2015, that he liaise with the Probation and Welfare service and do as directed.

'You deserve to go to jail but you are getting a chance,' Judge Hickson told the defendant.

Wexford People

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